Will of William Greene

of Maidstone, Kent

And from and after the decease of either of them unto and to the use of the survivor of them and his or her assigns for and during the term of his or her natural life
And from and after the decease of the survivor of them unto and to the use of William Smyth the son of the said James Smyth and Charlotte his wife and the heirs of the body of the said William Smyth lawfully issuing
And for default of such issue unto and to the use of all and every other the child and children as well daughters as sons of the said James Smyth and Charlotte his wife to be equally divided between or among them (if more than one) share and share alike to take as tenants in common and not as joint tenants and the several and respective heirs of the bodies of all and every such child and children lawfully issuing
And in case one or more of such children shall happen to die without issue of his her or their body or bodies lawfully issuing then As to the part and share of him her or them so dying without issue unto and to the use of the survivors or survivor of them and the heirs of the body and bodies of such survivors or survivor lawfully issuing such survivors to take as tenants in common and not as joint tenants
And if there shall be but one such other child or if all of them but one shall die without lawful issue then unto and to the use of such one child and their heirs of his or her body lawfully issuing
And for default of such issue unto and to the use of the right heirs of the said James Smyth for ever

And all those my five several Messuages or tenements with the gardens and appurtenances thereunto belonging situate standing and being under the Cliff near the Great Bridge in Maidstone aforesaid adjoining together now in the several occupations of David Dan John Brooke the widow Barling Elizabeth Skinner spinster and James Counts and all other my real Estate not hereinbefore particularly disposed of I give and devise from and immediately after the decease of my said wife unto and to the use of the said James Smith his heirs and assigns for ever

provided always and my will is that it shall and may be lawful for my said wife at any time during her life and after her decease for the said James Smyth and Charlotte his wife during their joint lives and for the survivor of them during his or her life by Indenture or demise or lease the said several pieces or parcels of land called Upper and lower Arden or either of them or any part of them or either of them unto any person or persons for any term or number of years not exceeding twenty one years in possession and not in reversion remainder or expectancy so as upon every such Lease or leases there be reserved and made payable during the continuance thereof respectively the best and most improved yearly Rent that can or may be had or gotten for the same without taking any sum or sums of money or other thing by way of Fine or income for or in respect of such lease or leases and so as no such lease or leases be made dispunishable of waste by any express words therein to be contained and that every such lease or leases there be contained a clause of Reentry on nonpayment of the Rent or rents to be thereby respectively received and that the lessee or lessees to whom such lease or leases shall be made do seal and deliver a Counterpart or counterparts thereof Also I give and bequeath unto my said wife all and every my household goods plate linen and household furniture whatsoever to and for her own proper use and benefit

Also I give and bequeath unto my two friends John Taylor of Wrotham in the said County of Kent Paper maker and Thomas Wildes of Maidstone aforesaid Gentleman the sum of fifty pounds apiece of lawful money of Great Britain in consideration of their acceptance of the several trusts hereinafter and hereby reposed in them

And all and every other part of my personal Estate and effects whatsoever and wheresoever and of what nature kind or quality soever I give and bequeath unto my said two friends John Taylor and Thomas Wildes their Executors and administrators upon the trusts and for the several ends intents and purposes hereinafter mentioned specified and declared of and concerning the same (that is to say) upon trust that they the said John Taylor and Thomas Wildes and the survivor of them and the Executors or administrators of such survivor shall and do well and truly pay or cause to be paid unto my said wife or her assigns or otherwise sufficiently authorize and empower her and them to have receive and take the interest and dividends of all my said personal Estate and effects to and for her and their own proper use and benefit from time to time for and during the term of her natural life when and as the same interest and dividends shall become due and payable

And from and after the decease of my said wife then upon further trust that they the said John Taylor and Thomas Wildes or the survivor of them or the executors or administrators of such survivor shall and do pay and apply the interest and dividends of three thousand pounds three per cent consolidated Bank Annuities when and as the same shall become due to and for the Maintenance education and bringing up of the said William Smyth in such manner as the said trustees and the said James Smyth and Charlotte his wife or the survivors or survivor of them shall think proper until the said William Smyth shall attain the age of twenty one years
and when and as soon as the said William Smyth shall attain the said age of twenty one years then upon trust to pay transfer and assign the principal of the said three thousand pounds three per cent Consolidated Bank Annuities together with all the interest or dividends then due thereon and which may have been received and unapplied for the purposes aforesaid unto and for the use and benefit of the said William Smyth his executors administrators or assigns to whom I give and bequeath the same accordingly

and upon further trust that they the said John Taylor and Thomas Wildes or the survivor of them or the executors or administrators of such survivor shall and do from and after the decease of my said wife pay and apply the interest or dividends of one thousand pounds three per cent Consolidated Bank Annuities when and as the same shall become due to and for the maintenance education and bringing up of Mary Smyth the daughter of the said James Smyth and Charlotte his wife in such manner as the said trustees and the said James Smyth and Charlotte his wife or the survivors or survivor of them shall think proper until the said Mary Smyth shall attain the age of twenty one years or be married which shall first happen (provided that such Marriage shall be with the consent and approbation of the said trustees and the said James Smyth and Charlotte his wife or the survivors or survivor of them)
and when and so soon as the said Mary Smyth shall attain the said age of twenty one years or be married (with such consent and approbation) then upon trust to pay transfer and assign the principal of the said one thousand pounds three per cent consolidated Bank Annuities together with all interest or dividends then due thereon and which may have been received and unapplied for the purposes aforesaid unto and for the use or benefit of the said Mary Smyth her executors administrators or assigns to whom I do hereby give and bequeath the same accordingly

and upon further trust that they the said John Taylor and Thomas Wildes or the survivor of them or the executors or administrators of such survivor shall and do within the space of three calendar months next after the decease of my said wife pay transfer and assign the several Legacies and sums of money hereinafter particularly mentioned unto the several persons hereinafter named to whom I hereby give and bequeath the same respectively (that is to say)

the sum of three hundred pounds three per cent consolidated Bank Annuities unto Christopher Harris the elder of Maidstone aforesaid hatter if the said Christopher Harris shall be then living
Also the sum of one hundred pounds three per cent consolidated Bank Annuities unto Walter Harris son of the said Christopher Harris if the said Walter Harris shall be then living
Also the sum of three hundred pounds thee per cent consolidated Bank Annuities unto How Green the elder of Maidstone aforesaid Pipemaker if he shall be then living
Also the sum of three hundred pounds three percent consolidated Bank Annuities unto William Green of Maidstone aforesaid Broker if he shall be then living
Also the sum of one hundred pounds three per cent consolidated Bank Annuities unto William Green the younger son of the beforenamed William Green if the said William Green the younger shall be then living
Also the sum of one hundred pounds three per cent consolidated Bank Annuities unto Simon Rouse of Barstead in the said County of Kent Writing Master if he shall be then living
Also the sum of one hundred pounds three per cent consolidated Bank Annuities unto George Green of West Malling in the said County of Kent Gingerbread Baker if he shall be then living
Also the sum of fifty pounds of lawful money of Great Britain unto Mary Hickmott the wife of ___ Hickmott of Goudhurst in the said County of Kent Labourer who was the daughter of Francis Thorne if the said Mary Hickmott shall be then living
Also the sum of fifty pounds of like lawful money unto Jane Ashdown the wife of ____ Ashdown of Brenchley in the said County of Kent who was the daughter of John Austen if the said Jane Ashdown shall be then living Also the sum of fifty pounds of like lawful money unto Hannah Fielder spinster one of the daughters of Thomas Fielder of Old Hay near Mereworth in the said County of Kent if the said Hannah Fielder shall be then living
And also the like sum of fifty pounds of like lawful money unto Elizabeth Fielder spinster one other of the daughters of the said Thomas Fielder if the said Elizabeth Fielder shall be then living

And upon this further trust that they the said John Taylor and Thomas Wildes or the survivor of them or the executors or administrators of such survivor shall and do pay transfer and assign all the rest residue and remainder of my personal Estate and effects whatsoever and wheresoever (from and immediately after the decease of my said wife) unto and for the use and benefit of the said James Smyth his Executors administrators or assigns to whom I do hereby give and bequeath the same accordingly

And I do hereby order declare and direct that it shall and may be lawful to and for the said John Taylor and Thomas Wildes or the survivor of them or the executors or administrators of such survivor to deduct retain and reimburse to themselves and himself in the first place out of any of the said trust monies and effects which shall or may come to their or any of their hands all such loss costs charges trouble damages and expences as they or any of them shall or may respectively sustain expend or be put unto in or about or concerning the management and execution of all or any of the trusts hereby in them reposed and that the said trustees or either of them shall not be charged or chargeable with or answerable or accountable for any more of the aforesaid trust monies and effects than they or he shall respectively actually receive nor with or for any loss or losses which may happen of or to the said trust monies and effects or any part thereof except such loss or losses happen by or through their or his wilful default or neglect nor with or for the acts deeds receipts or payments of the other of them but each of them for his own acts deeds receipts and payments only

And I do hereby make nominate constitute and appoint the said James Smyth Sole Executor of this my last will and testament and revoking all former Wills by me made declare this only to be my last will and testament

In Witness whereof I the said William Greene the Testator have to the first five sheets of this my last Will and Testament contained in six sheets of paper set my hand and to this last my hand and seal this twenty seventh day of December in the twenty eighth year of the reign of our Sovereign Lord George the third by the Grace of God of Great Britain France and Ireland King defender of the Faith &c. and in the year of our Lord One thousand Seven hundred and Eighty Seven � Wm Greene � Signed sealed published and declared by the above named William Greene the Testator as and for his last Will and Testament in the presence of us who in his presence and at his request and in the presence of each other have hereunto subscribed our names as Witnesses thereto
Wm. Forster � Thos. Pine � William Allen.

This Will was proved at London the twenty third day of September in the year of our Lord One thousand Seven hundred and Eighty Nine before ...
By the oath of James Smyth the sole executor named in the said will to whom administration was granted of all and singular the goods chattels and credits of the deceased having been first sworn duly to administer.

William Green, gentleman aged 76, was buried at Maidstone 24 Aug 1789
Mary Green, widow, was buried at Maidstone 30 Apr 1795.

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